Are electronic signatures legal in Kyrgyzstan? Which laws primarily regulate electronic signatures?

Electronic signatures are legal in Kyrgyzstan. The use of electronic signatures in Kyrgyzstan is primarily regulated by the 2017 Law on Electronic Signatures.

What is an electronic signature in Kyrgyzstan?

According to Article 2 of the Law on Electronic Signatures, an "electronic signature" refers to information in electronic form that is attached to or logically associated with other information in electronic form and is used to identify the person who signs the information on their behalf. The law stipulates that electronic signatures can only be used in cases governed by regulatory legal acts (RLA) or with the consent of participants in electronic interactions.

What types of electronic signatures are recognized in Kyrgyzstan, and what are their respective requirements?

Kyrgyzstan recognizes two types of electronic signatures: simple electronic signatures and enhanced electronic signatures (which include enhanced non-qualified electronic signatures and enhanced qualified electronic signatures).

1. Simple Electronic Signature
   A simple electronic signature is an electronic signature where the signature key matches the electronic signature itself (e.g., codes, passwords, or other means of identification).
   A simple electronic signature is characterized by the following:

• It is embedded within the electronic document itself;
• The simple electronic signature key is designated according to the rules set by the information system operator, serving as a necessary condition for creating and/or sending an electronic document using that system, and the created (or sent) electronic document contains clear information indicating on whose behalf it was created (or sent).
  According to Article 9 of the Law on Electronic Signatures, when using a simple electronic signature, signature verification keys, electronic signature devices, and signature verification key certificates must not be used.

2. Enhanced Electronic Signature

(1) Enhanced Non-Qualified Electronic Signature
An enhanced non-qualified electronic signature is characterized by the following:

• The electronic signature is the result of cryptographic transformation of information using a signature key;
• The electronic signature can clearly identify the person signing the electronic document;
• The electronic signature allows detection of any changes made to the electronic document after signing;
• The electronic signature is created using an electronic signature device, and the person signing the electronic document can maintain control over it.
  When using an enhanced non-qualified electronic signature, a signature verification key certificate may not be created if the characteristics of a non-qualified electronic signature as stipulated by this law can be ensured without it.

(2) Enhanced Qualified Electronic Signature
An enhanced qualified electronic signature is an electronic signature that meets all the characteristics of a non-qualified electronic signature and satisfies the following additional conditions:

• The electronic signature verification key is specified in a qualified certificate;
• The electronic signature is created and verified using electronic signature facilities that have been confirmed as compliant with the requirements of this law.

In which situations are electronic signatures not applicable in Kyrgyzstan?

Electronic signatures are not applicable in the following documents or scenarios:

• Electronic documents containing state secrets or used in information systems that contain state secrets;
• Creation of electronic documents that, under the laws of the Kyrgyz Republic, require notarization or state registration.